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symbols  ▼  signifie  "FIN". 


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Lea  cartes,  plenehes,  tabieeux,  etc..  peuvent  Atre 
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TUK 


^ngli$|  O^nlistmtnl  (|utsti0ii.    | 


REVIEW 


OF 


SECRETARY    MAROY'S    LETTER, 


OF    MAY    27,     1856, 


IN  IlEPLY  TO  LORD  CLARENDON. 


BY  R.  W.  RUSSELL. 


-♦<< 


NEW  YORK: 
\V.\1.  C.  BUY  ANT  A.  CO..  I'HINTERS,  41  \ASSAi:  ST.,  (X)U.  LIlJKIfl'V, 


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THE 


ENGLISH  ENLISTMENT  QUESTION. 


REVIE^f  OF  SECTlETATiY  MAMCY'S  LETTER  OF  ]\rAY 
27,  ISSfi,  IN  KEJMA   TO  LOKI>  CEAPtENDOX. 

Mr.  Marcy,  in  this  letter,  assumes  that  wliat  lie  calls  '•  the 
unlaAvful  acts  in  question  wore  not  authorized  by  the  British 
Government,"  he  now  accepts  their  statement,  that  they  had  not 
authorized  any  violation  of  the  law  of  the  Ignited  States,  as 
perfectly  satistactory,  so  far  as  they  are  concerned,  althouo;h 
similar  assurances  in  the  previous  corres])ondence  did  not  meet 
with  the  same  favor. 

Mr.  Marcy  maintains,  however,  that  ng-ents  were  ein]iloYed 
by  Mr.  Cram])ton  aiul  the  Consuls  at  New  York,  Philadelphia 
and  (Cincinnati,  to  do  more  than  Lord  Clarendon  contends  they 
had  a  right  to  do,  aiul  in  fact  that  rliey  authorized  the  hiring  of 
men  to  go  to  llalitax  to  ln^  enlisted.  'J'iiese  three  genth'meu 
severally  deny  the  charge — i.  r.,  they  deny  that  they  hirerl  or 
authorized  the  hiring  of  any  jierson  to  go  out  of  tiie  I'nited 
States  for  the  purpose  of  being  enlisted.  Ihit  they  do  not  deny 
that  they  authorized  agents  to  invite  and  assist  (British  subjects 
iu\i\  other  foreigners  in  the  United  States  to  proceed  to  the 
Jiritish  provinces  there  to  ascertain  whether  they  were  accept- 
able as  recruits. 

Mr.  Marcy  has  insisted  that  sucli  acts  of  invitation  and  assist- 
ance were  unlawful,  and  he  shows  that  as  early  as  the  month  of 
March,  1855,  Mr.  Ch-ampton  himself  held  the  same  o])iiiion. 
But  Mr.  Marcy  takes  no  notice  of  the  fact,  that  in  the  month  of 


May  following,  it  was  judicially  determined  by  Judge  Kane  in 
Philadelphia,  upon  a  writ  of  hnheas  rorpus,  that  it  was  lawful 
to  publish  handbills,  specifying  the  terms  <>ii  wliich  recruits 
would  be  received  at  ITalitax  into  the  Queen's  service,  and  that 
it  was  also  lawful  to  ])ay  the  passage  of  a  man  <lcsir(nis  of  going 
to  Halifax  for  the  [)ur])ose  uf  oifering  hinisolt'tlioro  as  a  recruit. 

Lord  Clarendon,  in  his  letter  to  Mr.  Buchanan,  dated  July 
10,  1855,  insists  that  the  British  Government  had  the  right  to 
adopt  the  measures  necessary  I'or  makinggenerally  lviu>wnin  the 
United  States,  that  they  were  ready  to  receive  such  suitable 
persons  as  might  present  themselves  at  an  ai>i)ointed  place,  in 
one  of  the  British  possessi(»ns,  and  he  (piotes  Judge  Kane's  de- 
cision. 

Again,  Lord  ( 'iareiulon,  ir  his  letter  of  Xovember,  16,  1855, 
insists  that  it  is  no  violation  of  the  territorial  rights  of  the 
United  States  "  to  jier^oiadr  or  to  as/^iKt  men  nu'rely  to  leave 
the  United  States  territory  and  to  go  into  British  territory,  in 
order  when  they  arrive  there,  either  to  be  voluntarily  eidisted 
in  the  British  service  or  not,  at  their  own  discretion." 

To  this  Mr.  Marcy  replies,  in  his  letter  of  December  28th, 
1855,  to  Mr,  JJuchanan,  that  Lord  Clarendon  is  putting  forth  a 
right  to  recruit  in  the  United  States,  and  he  (^[r.  Marcy)  em- 
phatically denies  that  right. 

Here  it  may  be  observed,  tiiat  in  the  early  corres]>ondence 
Ml'.  Marcy  and  Mr.  Buchanan  oidv  chiime<l  that  the  law  of  the 
United  States  wouhl  be  violati'd  by  ''  enlisting  persons  within 
the  United  States,  or  oujagoKj  them  lo  proceed  from  thence  to 
the  British  jtrovinces,  for  the  purj)ose  of  being  there  eidisted." 
That  is  the  language  used  by  Mr.  Buchanan  in  his  letter  to 
Lord  Clarendon  of  July  IGth,  1855. 

But  on  August  IHh,  1855,  Mr.  Cushing  wrote  an  ojunion  that 
the  British  Government  had  violated  the  law  of  nations  by  in- 
viting persons  to  leave  the  United  States  to  be  eidisted  in  the 
British  armv.  This  he  denounces  as  a  violation  of  the  sovereign 
rights  of  the  United  States,  and  (piotes  Vattel,  who  says, 
"Whoever  entices  away  the  subjects  of  another  State,  violate^ 
one  of  the  most  sacred  rights  of  the  prince  and  the  nation," 

Straightway  Mr.  Marcy  adopts  this  doctrine  as  applicable  to 
the  citizens  and  residents  of  a  Republic,  who  are  not  subjects  at 


9 


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sign 

ilto ; 


all,  but  Avlio  have  a  i)evfect  right  to  go  into  another  country, 
and  servo  ns  fioldiers  or  sailors,  or  in  any  other  capacity  they 
may  choose.  Mr.  Marcy  accordingly  writes  on  Scpteniber  5th, 
1855,  and  amiouncos  the  now  discovery,  that  even  if  there  had 
been  no  enlistnient  or  hiring  within  the  meaning  of  tlie  Act  of 
Congress,  yet  as  people  iiad  been  invited  or  enticed  to  leave  the 
United  States,  for  tlie  purjtose  of  becoming  soldiers  in  a  foreign 
army,  the  sovereignty  of  the  United  States  liad  ]>eeii  violated, 
and  their  policy  set  at  nought. 

And  in  liis  letter  of  December  28,  1855,  he  goes  further,  and 
insists  that  the  act  of  Conm-ess  itself  is  violated  without  anv  act 
of  enlistment  <>r  hiring,  whenever  any  ])erson  has  been  induced 
or  "  brought  to  the  determination"  l»y  the  information  given  in 
handbills,  A-e.,  circulated  in  the  United  vStates,  to  go  abroad  to 
enlist. 

We  now  come  to  Lord  Clarendon's  letter  of  April  30,  185G, 
which  is  bv  Mr.  Marcv  i>ron<>unced  to  l)e  satisfaetorv,  so  far  as 
the  Ih'itish  Government  is  concerned.  In  tiiat  letter,  Lord 
Clarendon  lectures  Mr.  Marcy  on  elementary  principles;  and  in 
reference  to  his  argument,  that  the  policy  of  the  United  States 
ha<l  been  violated,  informs  him  that  "  the  policy  of  a  uation 
i,n  regard  to  its  internal  arrangements  must  bo  sought  tor  in  the 
laws  of  that  nation;  that  what  th)se  laws  _/v)/7>///,  it  must  be 
understood  to  be  the  policy  of  the  State  to  ju'ohibit.  and  what 
those  laws  do  not  forbid,  it  must  be  understood  to  he  the  policy 
of  tlie  State  to  allow." 

*  -X-  X-  X-  -;r  <i 

"The  law  of  the  United  States  only  forbids  enlistments,  re- 
cruiting and  i;(>/if)'(icts,  or  i'>ifja.'/')/irHf.>i  -within  the  U^nited  States, 
and  hiring  or  retaining  persons  to  (piit  tlu"  United  States  with 
intent  to  be  enlisted  elsewhere." 

Mr.  Marcy 's  reply  is  silent  ftn  the  question  of  international 
law — does  not  insist  that  the  agents  of  a  foreign  g<ivernment 
cannot  properly  do  what  the  law  allows  to  jji-ivate  individuals, 
and,  in  fact,  admits  that  there  is  no  cause  of  complaint  against 
the  British  Government.  Mr.  Marcy  falls  back  upon  the  Act 
of  Congress,  and  drawing  no  distinction  between  the  evidence 
which  shows  that  Mr.  Crampton  and  the '  Consuls  were  con- 
cerned in  doing  what  the  British  Government  contend  they  had 


the  right  to  do,  and  that  which  is  relied  upon  to  prove  ihat  they 
hired  men  in  direct  vi(ilatiou  of  the  hiw,  charges  tlie  British 
otHcials  with  liaviiij;;  gone  heyond  their  instructions. 

Tills  chiii'ge  will,  by  one  of  Mr.  Marcy's  adroit  manoeuvres, 
be  received  in  England  a  week  before  the  gentlemen  accused 
will  Imve  any  opportunity  of  refuting  or  commenting  upon  it, 
Mr.  Marcy  having  tir-t  sent  his  letter  to  the  Britisli  Government, 
aiHiouncing  the  dismissal  of  their  functionaries,  and  tlien,  after 
the  steamer  had  left,  informed  those  gentlemen  themselves 
what  had  been  done. 

We  have  seen  that  Lord  Clarendon  has  claimed  the  right,  on 
the  ]ia  t  of  the  iJritish  (Government,  to  give  information  and 
assi>taiice  to  residents  of  the  United  States  desirous  of  going  to 
the  Briti-li  jjrovinees  for  the  express  purpose  of  offering  them- 
selvi  s  as  reciuil^ ;  and  it  is  not  i)retended  that  the  British  Min- 
ister aiidCdUsids  were  not  authorized  to  act  in  accordance  with 
that  opinion  ;  nor  will  anybody  pretend  that  the  Britisli  Go- 
venunent  did  not  pay  the  expenses  of  giving  such  information 
and  assistance, 

Mr.  Marey,  in  his  last  letter,  lays  it  down  expressly,  that  "the 
simi'le  issuing  of  a  handbill,  specifying  the  terms  on  which 
recruits  wnnld  be  received  at  Halifax  into  the  Queen's  service," 
would  be  a  violation  of  the  Act  of  Congress,  which  would  other- 
wise, accoiding  to  Mr.  Marey,  be  '"  but  little  better  than  a  dead 
letter."  And  yet  he  withdraws  his  demand  for  a  disavowal  of 
or  an  apology  for,  the  conduct  of  the  J.ieutenant-Crovernor  of 
Kova  Scotia  and  other  Britisli  ofKcials,  who,  acting  upon  Lord 
(  larendoii's  opinion,  did  what  Mr.  Marey  once  denounced  as  a 
violation  of  the  law  of  nations  and  a  disregard  of  the  inimicipal 
law  of  the  United  States.  j\Ir.  Marey  says,  "  In  respect  to  such 
of  those  ofHceis  and  agents  as  have  no  connection  with  the 
Government,  it  has  nothing  to  ask  from  that  of  Her  Majesty," 
but  that  the  case  was  diiferent  in  relation  to  Mr.  Crampton  and 
the  Consuls. 

Mr.  Marcy's  letter  of  December  28th,  185.5,  contains  a  demand 
that  the  men  who  had  (he  says)  been  "enticed"  or  "decoyed" 
to  leave  the  United  States  for  the  purpose  of  being  enlisted 
should  be  given  up.  To  this  Lord  Clarendon  replies,  that  if  any 
men  had  been  enlisted  in  the  United  States,  or  hired  there  to  go 


on 


into  a  liritish  ])rovinco  fur  tlio  purpose  of  l)cing  enlisted,  they 
hIiouUI  1)0  givcMi  up  l)y  the  British  Uoverunient,  but  that  "no 
person  hml  to  tlicir  kiiowlo(li,^o  boon  enlisted  M-itliin  the  United 
States,  or  left  the  United  States  under  contract  made  therein,  to 
enter  the  service  of  the  IJritish  army. 

Mr.  Marcy  acecpts  this  as  satisfactory,  and  therefore  has  in 
effect  abandoied  all  his  hi«;h-tlo\vii  doctrines  about  seduction 
and  sovereign  rights,  and  now  impliedly  acknowledges  that  his 
first  construction  of  the  law  was  the  correct  one.  To  be  sure, 
he  is  not  consistent  with  lilniself  in  this  his  last  letter,  for  we 
find  him  in  other  parts  of  it  still  clinging,  for  some  of  the  \>\\r- 
po>es  of  his  argument,  to  the  extravagant  proposition  that  a 
man  is  liable  to  imprisonment  for  three  years  if  he  publishes  an 
advertisement  t)r  makes  a  sjiei'ch  showing  that  advantageous 
terms  are  offered  to  recruits  for  foreign  govei'nmeuts.  No  such 
doctrine  has  ever  been  propounded  from  the  Bench  in  this  coun- 
try, and  none  siu-h  ever  will  be.  It  Avill  be  utterly  scouted 
everywhere  now  that  it  has  served  its  purpose  in  the  diplomatic 
controversy  with  (ireat  Britain. 

No  one  will  have  tlie  hai'diliojd  and  foolishness  to  seek  to  en- 
force such  an  interpretation  (jf  the  law  in  any  other  case.  For 
exam}»le,  supjtose  that  (Jeneial  Walker  establishes  himself  in 
-Nicaragua  and  wants  men,  will  anybody  pretend  tl.>at  it  is  un- 
lawful to  niake  speeches  or  publish  handbills  showing  the  terms 
which  he  offers  to  such  per>()ns  as  may  present  themselves  to 
him  and  be  appioved  ol'^  Will  the  courts  decide  that  to  advise 
or  assist  a  man  to  go  to  Nicaragua  is  to  hire  him,  within  the 
meaning  of  the  act  of  Congress  ^  Are  penal  statutes  so  con- 
strued^ Certainly  not ;  and  notwithstanding  Mr.  Marcy *s  re- 
peated assertions  to  the  contrary  in  his  last  letter,  the  courts  of 
this  counti'v  have  held  that  it  is  lawful  to  give  such  information 
and  assistance. 

It  is  not  imprt)bable  that  the  Nicaragua  case  is  the  true  cause 
of  Mr.  Marcy's  virtual  but  awkward  abandonment  of  In's  se- 
duction doctrines,  he  well  knowing  that  they  would  be  sum- 
marily tliscarded  and  ridiculed  if  any  attempt  were  made  to 
enforce  them  to  the  prejudice  of  (Jeneral  Walker  and  his  party. 

Lord  Clarendon,  in  his  correspondence,  with  the  (iovernment 
of  the  United  btates,  has  never  denied  that  information  and  as- 


sistauce  were  given  in  tlic  ruitod  States  to  persons  desirous  of 
emigrating  to  tlie  Britisli  provinces.  His  I.onUhip  cliiinicd 
the  right  to  give  sucii  intornuition  un<l  assistance,  and  exercised 
it.  The  papers  on  this  subject  laid  hi'lore  rarliauieiit  aiul  pub- 
lished, prove  tliis  conclusively,  Mr.  Marcy  is  woll  awaro  of 
these  i)ai>ers,  for  he  (piotes  from  them.  And  in  the  letter  from 
Mr.  Crampton  to  the  Karl  of  Clarendou,  dated  Xovend)er  27tli, 
1855,  Mr.  Crampton  says,  that  whilst  bo  was  at  Halifax  in  the 
previous  months  of  May  and  .lune,  he  was  infcunied  by  Strobol 
"  that  he  knew  manv  hundreds  of  ( Jermans  in  the  cities  and 
country  in  the  vicinity  of  the  (Jreat  Lakes,  who  oidy  recpiir- 
ed  to  be  informed  of  where  they  could  be  received  in  Canada 
and  to  he  suj>j)/iiJ  with  ilw  xntitll  mun  icliili  irou//  cdi'ijf  t/ti  ir 
travcUimj  t'u'j)(  ;i.<f<>',  immediately  to  present  themselves  on  Hritish 
Territory  for  enrolment  in  Her  Majesty's  service.  This  plan 
seeming  to  me  to  |>reseut  a  better  ]>rospect  of  success,  and  at 
the  same  time  to  be  unobjectionable  as  regarded  the  laws  of 
the  United  States,  was  a<l(>pted;  l)Ut  so  anxious  was  I  that  no 
misunderstanding  should  exi^t,  tir  mistake  be  euunnitted  in  this 
respect  by  the  j)ersons  who  were  to  cari-y  it  out,  that  1  drew 
up  for  their  use  the  memorandum  which  has  since  been  pro- 
duced by  Strobe]  as  'States'  Kvidence,'  on  the  trial  of  Hertz 
at  Philadelphia,  as  proving  that  1  had  authorized  him  or 
others  to  violate  the  ^s'eutrality  Laws;  and  I  woidd  take  the 
opportunity  of  saying  that  every  word  he  has  said  in  order  to 
convey  the  impression  that  1  directed  him  or  an\ body  else  ^> 
act  othcrxDise  than  in  iwu/cafed  in  that  im  iitoKtndum,  is  utter- 
ly false." 

The  passage  above  quoted  presents  the  \vh(»le  case  fully  and 
clearly.  We  see  from  this,  that  inforuuition  and  assistr.nco 
were  given  to  emigrants;  that  Strobol,  and  perhaps  otliers,  were 
employed  for  that  purpose  ;  that  they  had  printed  instructions; 
and  the  single  question  is,  whether  tl;ey  are  to  bo  believed 
when  they  assert  that  Mr.  Crampton,  or  either  of  the  Consuls, 
authorized  them  to  violate  those  instructions  i  These  gentle- 
men deny  the  charge;  and  we  shall  see  presently  that  there  can 
be  no  difficulty  whatever  in  determining  which  of  the  parties 
is  telling  the  truth. 

The  printed  instructions  contain  the  following : 


"  No  promises  or  coiitractB,  written  or  verbal,  on  the  aub- 
jeotof  cnliptiiieiit,  must  lie  oiilcred  into  with  any  })er8on  within 
that  jiiri><iliclion"  (tlio  I'liiti'il  States.) 

"Should  thu  strict  ohscrvaiici)  of  iheso  points  ho  neglected, 
und  tho  jiartit'S  tlicrohy  iiivolvo  tluMiisclvrs  in  difticulty,  they 
arc  hereby  distinctly  a|ipriHed  tliat  thoy  must  expect  no  sort  of 
aid  or  assistance  from  the  Ih-itish  (tovornmont." 

Inow,  tile  case,  as  ]»TOsentcd  l»y  Mr.  Marcy,  rc<piirc8  us  to 
believe  that  portion  ()f  the  evidnnci^of  llert/  and  Strobel  which 
is  denied  l)y  ^Ir.  ('iami)ttin  and  tho  Consuls;  for  we  are  no 
longer  cunsidorinj';  the  (|uoslion  whether  they  authorized  the 
giving  of  intorniation  and  assistance.  Their  dismissal  is  placed 
upon  porsomd  grounds,  and  Mr.  Marcy  atl'ects  to  believe  that 
they  wont  hoyond  what  L^rd  (  larondiMi  insists  thoy  had  !i 
right  to  do.  'i'hoso  who  agri'O  Avith  ^^r.  Marcy  must  make  up 
their  minds  to  boliovc!  statonu-nts  in  themselves  highly  impro- 
bable, and  in  many  rosjtects  al).^urd  und  false  on  tlieir  very 
face. 

If  Mr.  C'rami>t(>n  and  tho  Consuls  only  authorized  the  giving 
of  information  and  assistance  to  emigrants,  thoy  are  sustained 
by  their  own  Cioverninont ;  and  Mr.  Marcy  (should,  instead  of 
complaining  of  tho  suhordinatos,  have  retpured  that  (iovern- 
ment  to  acknowledge  its  orror.  uidoss.  indeed,  Mr.  Marcy,  in 
view  of  the  oj>position  which  is  springing  up  in  the  South  to 
Ids  latitudinariau  intorpr^'tatiou  of  tho  neutrality  laws,  was 
willini;  to  abandon  tho  di^c  !>-ion  with  Lord  t'larondon  and 
loavo  him  the  victor. 

The  neutrality  laws,  a-^  thoy  will  be  henceforth  understood 
and  acted  upon,  especially  in  reference  to  (Central  American 
ail'airs,  merely  forbid  enlistments  atul  hirings  in  tho  I'nited 
States  Anyliody  may  open  an  intelligence  otHce — may  pay 
the  passage  of  enngrants — may  issue  handbills,  publish  adver- 
tisements, and  make  sjioechos  in  favor  of  enngration,  for  the 
purpose  ol"  oidi^ting  in  fi^reign  service.  As  ol>sorved  by  Mr. 
Marcy,  in  his  recent  corrosj)ondcnco  on  Nicaraguan  affairs,  any 
ntimber  of  persons  may  go  o\it  of  the  Tnited  States  to  become 
soldiers  in  a  loroign  country,  provided  that  tliere  be  no  organ- 
ized expedition  from  hence. 

If  this  government  had  not  sympathized  with  Russia,  there 


T 


8 


would  have  been  no  interference  witli  the  attempt  to  obtain 
vohinteers  for  the  British  army,  and  tliat  attempt  woidd  have 
been  eminently  successful.  At  the  outset  of  the  war  -with  Rus- 
sia, it  was  generally  supjiosod  that  the  sympathies  of  this  go- 
vernment and  people  wcie  with  the  Allies,  and  no  one  could 
have  anticipated  that  this  iiovernment  would  deny  the  right  to 
invite  and  assist  foreigners  liere  to  leave  the  countrv  and  take 
part  in  the  war.  Even  citizens  of  the  United  States  liave  a 
right  to  go  abroad  and  cidist  in  tVireigu  armies,  and  indeed  they 
may  expatriate  themselves  iuid  throw  nil'  their  allegiance  to  the 
land  of  their  birth,  altogether.  Having  these  rights,  it  cannot 
be  unlawful  to  aid  and  assist  them  in  their  exercise  until  some 
new  legislation  shall  make  it  a  crime  to  do  so. 

In  the  free  States  (whatever  nuiy  have  been  the  case  in  the 
slave  States)  the  cause  of  the  Allies  was  popular  at  tirst.  Wlio 
could  then  foresee  that  all  this  woidd  be  changed,  and  that  the 
government  W(udd  become  unfriendly  to  Kngland,  and  stretch 
the  neutrality  laws  so  us  to  prevent  (he  adoption  of  jneans 
whereby  British  subjects,  (ionuan>,  and  other  f  >reigners  in  the 
United  States,  might  i)e  inihiced  to  go  to  the  Uritish  provinces 
to  enlist  J  Many  thousan<l-<  ol'  them  were  in  great  distress  ;  and 
their  presence  here  was  oltnoxioiis  to  a  large  jtortion  of  the 
native  American  population,  and  es])ecially  to  tlie  ''Know 
Kothing'"  party. 

From  time  to  time,  however,  as  we  have  just  seen,  the  con- 
struction of  the  neutrality  laws  insisted  upon  by  the  govern- 
ment, became  more  and  more  rigid,  until  at  length,  according 
to  Mr.  Marcy,  if  oue  Knglisluuan  should  meet  another,  and  tell 
him  that  on  returning  to  Knglantl  he  might  be  enlistwd  as  a 
soldier,  and  receive  a  certain  bounty  and  pa\,  this  would  b(>  a 
violation  of  the  Act  of  Congress,  sid)jecting  the  ollender  to 
three  years*  iniprisounient. 

But  now  a  new  light  from  the  South  breaks  over  the  cabinet, 
and  the  conduct  of  the  British  (iovernment  in  employing  agents 
to  give  infornnition  and  assistance  within  the  limits  of  the 
United  States  to  persons  desiri>us  of  emigrating  for  the  )tur- 
pose  of  enlisting  in  the  British  army  is  no  longer  com]>iained 
of — at  all  events  the  complaint  is  not  jxu-sisted  in. 
Why,  then,  did  not  Mr.  Marcy  let  the  controversy  drop  ^ — 


4 
I 


9 


why  does  he  pretend  to  believe  tliat  Mr.  Crampton  and  the 
Consuls  authorized  more  to  be  done  than  the  giving  of  informa- 
tion and  assistance?  All  the  documentary  and  other  evidence 
referred  to  by  Mr.  Marcy  is  perfectly  consistent  with  the  hypo- 
thesis that  Mr.  Crampton  and  the  consuls  did  no  more  than 
Lord  Clarendon  contends  they  had  a  right  to  do,  Mr.  Marcy 
knows  that  very  well  ;  and  yet  he  argues,  that  as  some  agents 
were  employed  for  the  purjjose  of  giving  information  and  as- 
sistance, Mr.  Crampton  and  the  Consuls  must  be  held  i-espon- 
sible  for  any  of  their  alleged  excesses,  and  also  for  wliatever 
may  have  been  done  by  mere  volunteei"s. 

On  the  ( question  of  veracity  between  ]\[r.  Crampton  and  the 
Consuls  on  the  oj»e  hand,  and  Hertz  and  Strobel,  etc.,  on  the 
other,  it  will  be  sufficient  to  (piote  a  few  lines  from  Mr.  Cramp- 
ton's  letter  to  the  Earl  of  Clarendon,  dated  ^Nfarch  3d,  1856,  in 
which  letter  Mr.  Crami)ton  details  the  course  he  had  pursued. 

"The  evidence  to  which  Mr.  Marcy  refers  a.s  establishing  his 
charges  is  partly  documentary  and  |)artly  oral. 

"  The  documentary  part  consists  chiefly  of  notes  addres^sed  by 
me  to  Strobel  and  Hertz,  and  of  a  j)iiper  of  instructions  which 
I  drew  up  for  the  pnrjiose  of  prcvonting,  and  not  of  authorizing, 
a  violation  of  the  neutrality  laws  of  the  United  Stares. 

"These  notes  were  written  In  answer  to  repeated  inquiries 
made  to  me  by  tlie  said  Strobel  and  Hertz,  as  to  where  they 
and  numbers  of  their  friends  and  countrymen,  whom  they  repre- 
sented as  most  eager  to  eidist  in  the  British  service,  were  to  go 
in  order  to  be  enlisted,  and  on  what  terms  they  would  be 
received." 

As  to  the  so-called  confession  of  Hertz,  "NFr.  Crampton 
says:  "What  1  did  tell  him  in  n'gard  to  the  neutrality  law 
and  the  enlistment,  seems  to  have  served  liim  as  a  guide  for  the 
points  in  regard  to  which  his  false  statements  might  be  made 
with  most  etlect.  He  has  followed  implicitly  the  lule  (tf  mak- 
ing me  say  the  direct  contrary  to  what  I  did  say  on  those 
subjects, 

"For  instance,  he  says,  1  told  liim  the  'neutrality  law  was 
exceedingly  lax  and  that  if  any  tiling  should  happen,  the 
British  Government  would  not  allow  any  one  to  sutler  who  had 
2 


10 


been  engaged  in  assisting  them  to  furnish  men.'  I  told  him  that 
the  neutrality  law  was  very  stringent,  and  read  it  to  him,  and  that 
if  he  or  othei-s  violated  it,  the  British  Government  would  have 
nothing  to  say  to  them,  and  that  they  would  have  to  take  the  con- 
sequences of  their  own  acts.  His  statement  of  my  giving  him 
my  word  of  honor  as  a  gentleman  that  nothing  disagreeable 
should  happen  to  him,  I  presume,  refers  to  my  having  told  him 
that  if  he  set  up  a  recruiting  office  '  on  his  own  hook,'  as  he 
proposed,  and  afterwards  attempted  to  do,  he  Avould  render 
himself  liable  to  three  years'  nnprisonmciit. 

"I  enclose  several  affidavits  regarding  this  man's  character,  as 
well  as  a  threatening  letter  addressed  by  him  to  this  mission." 

No  reasonable  and  inii:>artial  man  can  fail,  upon  an  examina- 
tion of  the  evidence,  to  conclude  that  what  Mr.  Crampton  and 
the  Consuls  say  is  true.  Indeed,  Mr,  Marcy  himself  says  in 
his  last  letter,  ''  By  adopting  Lord  Clarondon's  construction  of 
our  neutrality  law  contained  in  his  note  of  the  16th  of  Novem- 
ber, which  renders  it  almost  nugatory  and  contrary  to  that  of 
this  Government,  and  of  its  judicial  tribunals,  these  officei's 
have  not  probably  found  much  embarrassment  in  meeting  the 
charges  with  a  general  denial.'' 

If  we  adopt  the  construction  of  the  law  receiitly  contended 
for  by  Mr.  Marcy,  many  acts  perfectly  iiniocent  and  even  laud- 
able will  be  made  criminal,  and  Mr.  Cram])ton  and  the  Consuls 
must  be  treated  as  liaving  violated  the  law. 

It  will  be  observed  that  in  the  passage  jnst  (piotod,  it  is  cool- 
h'  stated  by  Mr.  Marcy  that  Lord  Clarendon's  construction  of 
the  Act  of  Congress  "  is  contrary  to  that  of  tliia  (Tovernment 
and  of  its  judicial  tribunals."  No  doubt  it  is  contrary  to  that 
recently  adopted  by  the  Government,  and  still  more  recently 
virtually  abandoned  by  it ;  but,  when  and  where  did  any  ju- 
dicial tribunal  lay  down  the  law  as  Mr.  Marcy  did  for  a 
while  ? 

Mr.  Marcy  has  ne^er  noticed  Lor(i  Clarendon's  (quotation 
from  Judge  Kane's  decision,  which  will  be  found  in  his  Lord- 
ship's letter  of  July  16t,h,  1855,  and  which,  wholly  negatives 
Mr.  Marcy's  law.  No  judicial  decision  adverse  to  that  of  Judge 
Kane  has  ever  been  pronounced ;  and  yet  we  find  Mr.  Marcy  in 


•\ 


11 


Lis  last  letter  ret'erriug  to  that  very  decision  as  showing  that 
the  law  had  been  violated  by  Mr.  Cranipton  because  it  was  there 
held  that  there  w.as  evidence  showing  that  Hertz  had  hired  a 
man  to  become  a  soldier.  Mr.  Marcv  eavs :  "  1  trust  that  it 
will  not  bo  questioned  that  it  belongs  exclusively  to  this  Go- 
vernment and  its  judicial  tribunals  to  give  a  cousti  uction  to  its 
municipal  laws,  and  to  determiue  what  acts  done  witliiu  its  juris- 
diction are  an  int'riugenient  of  these  laws." 

Mr.  Marcy  wholly  misrepresents  the  purpose  of  the  law,  and 
the  intention  of  its  framers.  Congress  never  would,  at  any  time 
heretofuro,  and  will  not  now,  ]>ass  a  law  to  prevent  any  persons 
from  advising  or  assisting  others,  even  citizens  of  the  Uniteil 
States,  to  emigrate  for  the  pur])ose  of  being  enlisted.  The  ob- 
ject of  the  Act  of  Congress  was  merely  to  ]»reserve  the  neutrality 
of  the  United  States,  not  to  prevent  tlu;  jteople  from  entering 
into  foreign  service. 

It  certainly  will  not  be  admitted  l>y  a  foreign  government 
charged  with  having  authorized  a  violation  of  the  laws  of  the 
United  States,  that  the  mere  assertion  by  the  Uresidont  of  what 
the  law  is,  shall  prevail  against  the  |»lain  meaning  of  it  and  the 
judicial  decisions. 

fiOrd  ('larmdon  had  called  Mr.  Marty's  siu'cial  attention  to 
the  construction  of  the  act  ot"  Congress  which  had  been  pro- 
lumnced  in  the  United  State.- CfMirt  ;  why  did  not  Mr.  Marcy 
show  that  the  decision  referred  to  had  I»oen  overruled  or  dis- 
regarded l>y  other  judges  if  >nch  were  the  tact  ? 

Why  had  not  Mr.  Cranipton  good  right  to  suppose  that  .Indge 
Kane  had  correctly  inter]»retcd  the  law  (  It  is  trne  that  Mr. 
('ramj>ton  had  ])reviously  hc^en  advised  that  it  would  be  a 
\iolation  of  the  law  lo  assist  any  emigrant ;  but  as  the  question 
was  fully  discu>sed  before  tlu'  court  antl  decideil,  Mr.  Crampton 
and  the  Consuls  were  perfectly  justified  in  acting  u])on  that  de- 
cision, and  they  did  so;  and  tliis  disposes  of  Mr.  Marcy "s  refer- 
ence to  Mr.  Cranq)tou's  earlier  iiitcr[)relation  of  the  law.  It 
would  1)0  the  merest  churlishness  to  insist  on  the  dismissal  of 
Mr.  Crampton  and  the  Consuls  merely  on  account  of  their  act- 
jug  upon  . fudge  Kane's  decision,  even  if  it  had  been  afterwards 
determined  l)y  an  appellate  court  that  the  judge  was  wrong. 

Mr.  Marcy  intimates  that  Mr.  ('ramj)t(m  concealed  what  he 


12 


wa-  (Inin^.  It  is  tnie  that  Mr.  Crainpton  did  not  go  into  details 
with  ^^r.  ]\rar('y,  and  for  tlie  very  good  reason,  tltat  he  had  no 
ri_i';]ii  to  oxject  tliat  Mr.  .Nfarcy  would  take  any  interest  in  them, 
or  "Her  any  siigi;'  sfion-  on  the  subject.  Indeed,  the  attempt  to 
exitlain  di'tails  to  ^f!■.  Maicy  nli^■ht  have  been  resented  by  him 
a;*  an  assiini[>ti<'n  that  he  wa-i  flis])o«ed  to  co-operate  with  the 
Briti^h  (iovornnnu'ut  in  tlieir  efforts  to  induce  i)eople  to  go  to 
tlie  Hritisli  pri^vincos  t'o-  the  purpose  of  enlisting  themselves. 
Ihit  it  is  clear  that  Mr  (.'niinpton  did  tell  ]\[r,  Marcy  that  the 
British  Government  were  iioing  to  open  I'ccruiting  establish- 
ment>  in  the  British  jirovincrs  for  the  recejition  of  people  from 
the  I'luted  States,  and  that  Mr.  Nfarcy  replied  that  as  many 
might  go  as  plea-ed. 

It  was  no  part  of  the  duty  of  Mr.  Crampton  to  call  the  atten- 
tion of  Ml'.  Marcy  to  Judge  Kane'^t  decision  ;  but  it  certainly 
would  have  been  but  lair  for  ]\Ir.  Marcy  to  intbrm  Mr.  Cramp- 
ton  that  he  must  not  rely  u]»on  that  decision  if  he  (Mr.  Marcy) 
had  resolved  to  rei)udiate  it. 

Ml-.  Cranii)ron  well  observes — "  Mr.  Marcy,  as  well  as  the 
President  J  tlattered  myself,  would  have  felt  convinced  that 
however  erroneous  they  might  suppose  my  views  of  the  neu- 
trality laws  to  be,  I  should  have  <iisdained  to  shield  myself 
from  their  consccpiences  by  concealment  or  subterfuge,  and 
that  vpon  (nipilvij  of  laepvory  net  (Oul proc<eili)i<j<;f  minewonld 
have  hct/ifrankii/  coi/unuiiavJi  (I  to  l/i(  Hi.  It  would  then  have 
been  unnecessary  for  the  law  <.fHcers  of  the  I'nited  States  to  re- 
sort to  the  aid  of  spies  and  informers  in  order  to  obtain  evidence 
against  us." 

"Why, indeed, did  not  ^Ir.Marcy  say  toMr.  Crampton,  "Certain 
charges  are  biought  against  you,  which  are  supported  by  such 
and  such  evidence,  (an  you  exi-lain  the  matter?"  Instead  of 
this,  a  trial  is  got  up  in  r]nladeli)hia,  licrce  and  abusive  letters 
from  Mr.  Ctishing  are  read  in  Court,  a  confession  which  looks 
very  much  like  a  sham  one  is  obtained,  the  notes  of  the  trial 
are  sent  to  Kugland,  and  Mr.  Crampton's  recall  demanded. 
Was  there  ever  such  a  performance  before  ?  Is  this  the  conduct 
of  a  iVierdlv  jjovernnient  i 

And  now  Mr,  Marcy  has  the  unparalleled  effrontery  to  main- 
tain that  the  Consuls  had  a  right  to  defend  themselves  on  this 


18 


Irtain 
Isiich 
1(1  of 
[tters 
looks 
trial 
Ided. 
luct 

lain- 

this 


trial !  That  there  may  be  no  mistake  about  it,  we  quote  Mr. 
Marcy's  wordg :  "In  regard  to  the  Consuls,  the  Earl  of  Clarendon 
errs  in  supposing  that  they  had  not  full  means  and  opportunity 
if  they  saw  fit  to  appear,  and  to  confront  and  contradict  any  ac- 
cusing witnessed.  They  were  not  allowed  to  interfere  in  the 
trials  by  mere  letters  written  for  the  occasion,  which,  indeed, 
they  could  not  have  done  lawfully  had  there  been  no  such  pro- 
hibition ;  but  if  conscious  of  their  own  innocence,  and  that  of 
the  parties  on  trial,  and  that  their  own  acts  would  bear  exami- 
nation, it  was  alike  their  duty  and  right  to  appear  and  say  so 
on  oath,  and  to  contradict  by  their  testimony  whatever  was  al- 
leged against  British  officers  or  agents,  if  known  to  them  to  be 
untrue." 

Mr.  Marcy  must  know  full  well,  that  if  the  Consuls  had  in- 
terfered with  the  trial  of  Hertz,  and  volunteered  to  cross-ex- 
amine the  witnesses,  make  statements,  and  call  witnesses  iti 
their  own  defence^  the  Judge  would  have  been  justified  in  turn- 
ing them  out  of  court  or  committing  them  for  contempt  if  they 
had  pei-sisted  in  such  an  absurd  attempt. 

With  respect  to  Mr.  Barclay,  the  Consul  in  New  York,  Mr 
Marcy  presents  an  additional  reason  for  requiring  his  with- 
drawal in  what  he  calls  "  the  improiter  conduct  of  Mr,  Barclay 
in  the  case  of  the  bark  Maury."  J^onl  Clarendon  replies  that 
Mr.  Barclay  only  performed  his  duty,  and  that  he  has  received 
the  approval  of  Her  Majesty's  Government,  The  facts  are 
simply  these  :  According  to  the  deposition  of  a  policeman,  the 
bark  Maury  had  taken  on  board  a  large  (quantity  of  military 
stores,  and  eighteen  to  twenty  cannon,  which  were  in  the  hold 
covered  with  coal.  Other  depositions  were  made  showing  that 
it  was  a  case  of  suspicion.  This  vessel  was  not  advertised  as 
the  bark  Maury,  but  by  another  name,  until  one  day  after 
movement  was  made  for  putting  the  information  into  the  shape 
of  affidavits.  I'nder  these  circumstances,  the  District-Attorney 
stated,  '"  that  lie  thought  there  was  enough  to  seize  the  vessel," 
and  it  was  seizetl  ;>  ^>."^»'dingiy.  But  the  owners  having  made 
affidavit  that  she  had  "  no  guns  or  materials  of  war  under  her 
coal"  and  having  given  other  explanations,  the  vessel  was  dis- 
charged, and  Mr,  Jiarclay  published  a  card  in  the  New  York 
Herald  exonerating  the  owners  from  all  suspicion. 


u 

Mr.  Marcy  treats  the  Consul  as  a  delinquent,  because  the 
policeman's  affidavit  was  incorrect. 

This  is  but  one  out  of  many,  very  many,  clear  nidications  in 
this  correspondence  that  the  present  Government  of  the  United 
States  is  actuated  by  a  vindictive  spirit  of  hostility  towards 
England  and  her  representatives.  The  object  of  tho  President 
and  his  Cabinet  is  evidently  to  earn  popularity  with  certain 
men  who  are  influential  in  democratic  caucuses  and  conven- 
tions by  heaping  insults  upon  the  British  Government.  And 
the  whJle  correspondence  is,  on  the  part  of  Mr.  Marcy,  a  mere 
network  of  quibbles  and  special  pleadmg,  more  worthy  of  a 
county  court  pettifogger  than  a  statesman  to  whom  are  con- 
fided the  interests  of  a  great  nation. 


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